Summary of Terms and Conditions Part A
Applicable to Australian Residents and/or .au domain applications.
If your application for a domain name is accepted and approved, you will be granted a two year Domain Name Licence for that domain name
You are required to make several statements to us in relation to your domain name application please read them carefully to ensure that those statements are correct
You are entitled to transfer your domain name registration to another registrar, and we will facilitate such transfer for you according to our obligations under auDA's Published Policies (see )
You are bound by the .au Dispute Resolution Policy (auDRP) in relation to your registered domain name, as well as such other dispute resolution policy which may be adopted by auDA from time to time
You accept that our liability and auDA's liability to you under these terms and conditions are limited
In this document, unless the context requires otherwise: auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator. Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence. Domain Name Licence means your licence to use the Domain Name which is the subject of your application. Published Policies means those specifications and policies established and published by auDA from time to time at . Registry Operator means the operator of the domain names registry for the Domain Name. We, our or us refer to DOMAIN CENTRAL AUSTRALIA PTY LTD, ABN 32 152 360 088, the registrar of record for your Domain Name Licence. You or your refer to the person applying for, or the holder of, a Domain Name Licence.
You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.
- DOMAIN NAMES APPLICATION AND REGISTRATION
- Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.
- You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.
- You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.
- All personal information pertaining to you are held by auDA for the benefit of the Australian public.
- DOMAIN NAME LICENCE
- Your Domain Name Licence will be effective for a two year period, once:
- your application is accepted and approved by us and by the Registry Operator, and
- you have paid the applicable fees, unless it is cancelled earlier under the terms of this document or under any Published Policies.
- Your Domain Name Licence may be renewed every two years, as long as you:
- pay the applicable renewal fees, and
- continue to meet the eligibility criteria prescribed in the Published Policies.
- You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.
- You may cancel your Domain Name Licence at any time by notifying us in writing.
- We may cancel your Domain Name Licence if you breach any provision of this document.
- Auto-Renewal of registration. We will email you a renewal notice at least thirty (30) days before the domain name registration term expires to the email address provided by you. You can renew the registration for another term of two years. There are no limits in the number of consecutive renewals you can make. Renewal of registration is subject to payment of the relevant fee at the time of renewal and confirmation from you that you continue to meet the eligibility criteria and relevant policies (both ours and AUDA).
Failure to renew your registration results in the suspension of the domain name and its release for use by others. Although every effort is made to ensure that you receive your email renewal notice, this is a courtesy reminder notice only and does not confer liability upon The Registrar for the cost of renewing your domain name or any other costs or damages if you fail to receive your email renewal notice. This is primarily because we cannot control the accuracy of your registrant record WHO IS data.
Where you have selected to auto-renew the domain name you will still receive the renewal notice. The notice will be sent to the registrant of the domain name. Where the renewal notice is returned to us "bounced" due to the email address not being current/valid then due to AUDA policy we cannot auto-renew the domain name (because it is reasonable to assume that the registrant details are not correct which is against policy). Under these circumstances we may try and contact you by other means (letter to postal address) but cannot guarantee that the domain will be renewed. It is therefore essential that you maintain the WHO IS data associated with your domain to ensure that the domain license will be renewed.
Where a renewal notice has been sent to you and you have an auto-renew in place you can opt-out of the auto renew by following the instructions in the renewal notice. Where you wish to allow the auto-renew you do not need to respond to us but you must ensure that you continue to meet the eligibility criteria and conform to current policy.
- YOUR STATEMENT TO US
- You confirm and state to us and to auDA separately that:
- all the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith, and
- you meet, and continue to meet, for the duration of the Domain Name Licence, the eligibility criteria prescribed in the Published Policies for registering the Domain Name, and
- you have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
- you are relying upon the same eligibility criteria for both domain names, and
- the Domain Name has previously been rejected by the other registrar, and
- your registration or use of the Domain Name does not infringe any person's legal rights, and
- you are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.
- You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your Domain Name Licence.
- You agree to indemnify us and auDA separately for any loss or damage suffered by us or auDA as a result of any of us relying upon your above statements.
- OUR OBLIGATIONS TO YOU
- Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.
- We will give you immediate notice if:
- we are no longer an accredited registrar, or
- our auDA Accreditation is suspended or terminated, or
- our registrar agreement with auDA is terminated by auDA.
- auDA may post notice of:
- the fact that we are no longer an accredited registrar, or
- the suspension or termination of our auDA Accreditation, or
- the termination of our registrar agreement with auDA, on its web site, and may, if it considers appropriate, give such notice to you directly.
- YOUR OBLIGATIONS TO US
- You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of such inconsistency.
- You acknowledge that under the Published Policy:
- there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this document, and
- you are bound by, and must submit to, the .au Dispute Resolution Policy (auDRP), and
- auDA may delete or cancel the registration of a .a domain name.
- Throughout the period of your Domain Name Licence, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.
- USE OF YOUR INFORMATION
You give to:
- auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies;
- us, the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry;
- the Registry Operator, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.
- DISPUTE RESOLUTION
- auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name licence holder, or between a domain name licence holder and a third party, in relation to entitlements to domain names.
- The auDRP binds you and us severally as if it were incorporated in this document.
- You accept that:
- auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us, and
- such policies bind you and us severally as if they were incorporated in this document.
- TRANSFER OF REGISTRARS
- We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:
- the maximum fees which we can charge you for such transfer,
- when we are not allowed to charge you fees,
- the conditions under which we must transfer the registered Domain Name, and
- the conditions under which we are entitled not to transfer the registered the Domain Name.
- we are no longer an accredited registrar, or
- our auDA Accreditation is suspended or terminated, or
- our registrar agreement with auDA is terminated by auDA,
then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by auDA.
- If our registrar agreement with auDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.
- LIMITATION OF LIABILITIES
- You must not pursue any claim against auDA or against us, and to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA's or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under our registrar agreement with auDA.
- You agree to indemnity, keep indemnified and hold auDA and us, and auDA's and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.
- You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to terminate our registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar agreement.
- You accept and agree that neither auDA nor we are responsible for the use of any Domain Name in the domain names registry, and that auDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name licence holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.
- Despite any other provision of this document, and to the fullest extent permitted by law, neither auDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of auDA or us, and our respective employees, agents, or sub-contractors.
- Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or the application of any legislation which by law cannot be excluded, restricted or modified.
- OUR AGENCY
We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is an intended third party beneficiary of this document.
- In this document:
- a reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;
- a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;
- headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document; and
- where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
- All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect
- If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.
- This document is governed by and is to be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and waives any right to object to proceedings being brought in those courts.
Summary of Terms and Conditions - Part B
Applicable to New Zealand Residents and/or .nz domain applications.
- The Registrar's obligations
- We agree that we will:
- comply with all .nz policies and accurately represent these to you;
- disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
- comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
- process any new .nz domain name registrations with the registry within 1 hour from the time we receive all the information required to complete a registration if it is within our advertised business hours of 12pm - 1am (Monday-Friday), and otherwise within 5 hours;
- notify you of the registration of your domain name(s),including the details of the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
- arrange for correction of any error in the information in the register about any domain name registered to you when requested;
- provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
- use your personal information only as authorised by you;
- take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
- comply with any order of any authority having jurisdiction regarding any domain name registered to you;
- use our best endeavours to deal with any complaints you may have about the services we provide for you.
- The Registrant's obligations
- You agree that you will:
- comply with the .nz policies. You agree that you have read and understood the current policies;
- make sure all information you give is accurate and complete,keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
- keep the unique authentication ID for your domain name and anyother security information that we give to you confidential, safe and secure;
- satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and fully indemnify us, and everybody we are in any business relationship with to provide services to you, from any such claim;
- ensure that you only use our services for a lawful purpose;
- ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
- ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
- fully indemnify us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
- You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
- Registration of a Domain Name
- When a domain name in the .nz domain name space is registered toyou, or in your name as directed by you, then you agree:
- that the following information becomes available to any member of the public (whether in Australia, New Zealand or any other country):
- your name;
- your contact details; and
- the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
- the domain name is registered in your name only because no other person has it according to the records of the register; and
- neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the"who is" database shall not be taken as evidence of anything other than such registration; and
- that you fully indemnify us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
- Your agreement to this clause 3 is your consent to the disclosure of your personal information as required by the Privacy Act 1988 (as amended);
- Register is the record
For all purposes the details shown in the register shall be treated as correct and the authoritative record.
- Payment of fees
- You agree to pay for the services we provide for you.
- If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
- We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new feetakes effect.
- Our usual fees are for Domain registration and maintenance services. We may also charge for Domain hosting and Design/Coding services provided by us. We will tell you before any additional charge is incurred.
- Our prices are stated in [Australian] dollars and include GST[applicable local tax].
- Suspension and refusal to supply services
- If you do not pay our charges for a domain name registered to you we may:
- cancel registration of that domain name; or
- refuse to provide a service you request.
- Cancellation of Domain Name
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.
Domain registration cancellations must be made in writing within 48-hours of submitting the order and must include reference to the DOMAIN NAME, and the member's USERNAME, & PASSWORD. If any of the other REGISTRANT WARRANTIES made at the time of registration or renewal are breached, a refund may be withheld.
For more information please read the Registrant Warranties Policy (2005-03) http://auda.org.au/policies/auda-2005-03/
- Exclusion of Liability
- We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:
- InternetNZ the registry and any other entity we are in any business relationship with;
- every officer, employee, contractor, agent of us or any entity in clause 8.1:
- anyone else we get to perform our duties under any agreement you have with us.
- None of the persons specified above is liable or has to pay youfor anything else in connection with or resulting from anything any ofus does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
- this exclusion applies whatever you are claiming for and in whatever way liability might arise.
- This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
- Limitation of our liability
- We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies;
- Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of last month's fee paid by you under this agreement.
- Law and jurisdiction applying to this agreement
- Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until the agreement is cancelled except to the extent clause 14 says otherwise.
- To the extent legally permitted:
- all our services are provided under New Zealand law;
- any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
- except as otherwise stated, you may take action against usonly in a New Zealand court;
- where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in anymatter concerning that name then we may recover the costs incurred byus from you.
- Cancelling the agreement
- We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
- We may end this agreement for any other reason by giving you one month's notice.
- More than one person
You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
- Each clause separately binding
- Each clause of the agreement you have with us is separately binding.
- If for any reason we, you, or any of the persons specified inclause 8 cannot rely on any clause, all other clauses of it are binding.
- Rights and responsibilities that continue
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under clauses 2, 4 - 10, 12 - 13, and this clause 14.
IMPORTANT NOTICE: By submitting this application for a domain name, you confirm that you are eligible to hold the domain name set out in this application, and that all information provided in this application is true, complete and correct, and is not misleading in any way. If any of the information is later found not to be true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the domain name licence can be cancelled and you can permanently lose the use of the domain name.
Summary of Terms and Conditions - Part C
|Terms & Conditions of Domain Name Registration
||The contract you enter into with us when you register a .UK domain name
|Rules of Registration
||The rules for the registration and use of domain names within the .UK domain and its sub-domains. These rules form part of our terms and conditions and are part of your contract with us as the Registrant of a domain name.
|Schools Domain Name Rules
||Rules for the allocation of sch.uk domain names to schools
|Data Disclosure Policy
||The policy setting out the circumstances under which we will disclose Registrant data to third parties who have a legitimate need for it
Summary of Terms and Conditions - Part D
Applicable to .com, .net, .org, .biz, .info domain application.
This agreement is between Australian Stye Pty Ltd, the "registrar", and you, the individual or entity registering the domain name (the "registrant"). In order to register a domain name on the Internet through our registration service you must submit this agreement together with the completed online application form. When we accept your application you agree to be bound by the terms and conditions of this agreement.
- Commencement and Term of registration
Registration of the domain name commences when we accept your application and continues for a term of one (1) to ten (10) years according to the registration term chosen by you and the type of domain name extension you are purchasing or renewing. Registrations and renewals are subject to payment of the applicable fees. All domain name registrations are not effective until we deliver the registration information you provide us to the relevant registry operator, and the registry operator puts into effect your domain name registration or renewal. The current registry operators are Verisign, Inc for .com and .net, Public Interest Registry for .org, Afilias Ltd for .info and Neulevel Inc for .biz.
- Renewal of registration
We will email you a renewal notice thirty (30) days before the domain name registration term expires to the email address provided by you. You can renew the registration for another term of between one (1) to ten (10) years and there is no limit in the number of consecutive renewals you can make. Renewal of registration is subject to payment of the relevant fee at the time of renewal. Failure to renew your registration results in the suspension of the domain name and its release for use by others. Although every effort is made to ensure that you receive your email renewal notice, this is a courtesy reminder notice only and does not confer liability upon The Registrar for the cost of renewing your domain name or any other costs or damages if you fail to receive your email renewal notice.
- Ownership of the domain name
- In submitting this application for registration or transfer of this domain name/s you warrant that:
- You are the legal owner of the domain name; and
- The domain name registration or transfer does not infringe any legal rights of any third party. In addition, you agree not to use your domain name to spam or send unsolicited commercial email (UCE) to other internet users.
- You remain the owner of the domain name even if you license use of the domain name to a third party.
- Transfer of Domain Name
In order to transfer a domain name to another party you must be a member to The Registrar and the transfer must be executed with another member of The Registrar. The transfer of ownership is affected through our online application process and must be initiated by the registered user wishing to transfer their domain name to the other party. The parties to any transfer are referred to the policies contained in the Policy for Transfer of Domain Name ownership document.
To transfer the ownership of a domain name the current registrant must:
- Relinquish its registration of the domain name;
- Pay all outstanding fees;
- Accept the terms in the Policy for Transfer of Domain Name
- Agree to discharge the registrar from all obligations to you under this agreement at the effective date of the transfer;
- Follow the instructions contained in the Procedure for Transfer of Domain Name; and
- Submit the online Transfer form. The transferee (new registrant) must also:
- Enter into a registration agreement (of a minimum of 1 year's duration) with the registrar;
- Reaffirm the accuracy, completeness and currency of the personal data in the agreement;
- Agree to be bound by the terms and conditions of the Domain Name Registration Service Agreement;
- Review the Policy for Transfer of Domain Name; and
- Follow the instructions contained in the Procedure for Transfer of Domain Name.
- You agree to pay registration and renewal fees to the registrar at the current price at the time of the registration and renewal. Fees may be changed by registrar from time to time at its complete discretion and made without prior notice to the registrant. All fees paid are non-refundable.
- In the event that you fail to pay the fees by the due date, the registrar may place the domain name on hold for a period of up to thirty (30) days. If the fees are outstanding at the end of the thirty (30) days, registrar may terminate or deactivate the registration. As a consequence, the registrant loses ownership of the domain name and in the event that it desires to regain the same domain name, must re-register for it.
- Registration is not effective until the Registration fee has been paid and cleared into the account of the registrar. In the event of a charge back by the credit card company or other non-payment by you in connection with the payment of the fees, you agree that the registration will be transferred back to the registrar, and that the registrar reserves all rights regarding the domain name including, without limitation, the right to make the domain name available to other parties for purchase. Should you wish to have ownership of a domain name transferred back to you after you have initiated a chargeback, you agree to pay any costs, fees or charges associated with the chargeback.
The fees payable under this agreement are exclusive of all government charges, taxes, duties and levies and the registrant agrees to pay any and all such charge, taxes, duties and levies arising out of or in connection with this agreement. In particular, you must pay to the registrar any amount (VAT or GST or its equivalent) which the registrar if obliged to pay as a result of any supply made or deemed to be made or other matter or thing under or in connection with this agreement.
- Personal data
- You must provide to the registrar the information in the compulsory fields in order to obtain registration. You may provide the information in the voluntary fields.
- You warrant that the data is accurate, complete and current. As the registrant you have a continuing obligation (during the term of this agreement) to the registrar to ensure that the information remains accurate, complete and current. You must notify the registrar immediately of any changes to the information.
- The registrar may make public some or all of the information. You acknowledge and agree that:
- The information may be made available to and used by ICANN and Verisign Inc (or other registry administrator) for registry use;
- The information will be used by the registrar and its licensees for inclusion in any registries and databases that are produced; and
- The registrar may share the information stored in the registries and databases with its trusted business partners. These business partners are not authorized to use such information for purposes beyond those specified by the registrar and are required to preserve the confidentiality with which the registrar treats such information.
- The registrar will not disclose the information to third parties, public or private, except where required by ICANN or AuDa policy or direction, as required by domestic or international law, or for other purposes as permitted by other laws.
- The registrar will use its best efforts to protect the information from loss, alteration, unauthorised disclosure or access or misuse.
- Transfer from another Registrar
- The registrant may change its registrar whether to or from the Registrar for an existing domain name but only after having been registered with the registrar for sixty (60) days after initial registration.
- The registrar may, in its discretion, refuse to transfer the domain name to another registrar. Such instances include default in payment of fees, disputes over the identity of the domain name holder and bankruptcy or insolvency.
- The parties to a change in registrar to the registrar are referred to the policies contained in the Policy for Transfer to another Registrar and the Procedure for Transfer to another Registrar.
- Minimum Term
As the registrant (includes a transferee) you agree not to transfer a domain name within sixty (60) days from the date when you first registered that name with the registrar. Applications for renewal of the domain name are not treated as first registrations and do not fall within this qualification.
- Dispute policy
- In relation to gTLDs (being .com, .net, .org, info and biz) you agree to be bound by the ICANN "Uniform Domain Name Dispute Resolution Policy as amended from time to time. The policy is an integral part of this agreement and reference should be made to the terms of that policy in relation to disputes. The terms of the policy can be found by following the links on the ICANN website found at: http://www.icann.org/udrp/
- This agreement is to be construed according to the laws of the State of Victoria, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts exercising jurisdiction in that State.
- The registrant hereby indemnifies and holds the registrar harmless against any claims by a third party in the event of a dispute between the registrant and a third party.
- Ownership of Data
The registrar owns all the databases, compilations and similar rights title and interest worldwide in its database and all information derived or produced from that database.
- The registrant indemnifies the registrar as well as Verisign Inc, Public Interest Registry, Nominet UK, Denic, CentralNic, auDA, Afilias Ltd, Neulevel Inc (or other registry administrator) and its officers, directors, employees and agents against all expenses, losses, claims, damages and costs (including reasonable legal costs) incurred by those indemnified arising out of or in connection with the registration or the registrant's use of the domain name.
- The registrant further agrees to release, indemnify and hold registrar harmless from all liabilities, claims, damages, costs and expenses of third parties relating to or arising under this agreement or the registrant's use of the services.
- Limitation of liability
- To the extent permitted by law, registrant agrees that neither the registrar nor the relevant registry operator) shall be liable for any loss or incidental or consequential damage the registrant may incur arising out of or in connection with errors, mistakes or any other result of domain name registration by the registrar.
- The registrant agrees that in no event shall the liability of the registrar exceed the re-supply of the services or the fees paid by the registrant under this agreement.
- Termination for breach The registrant agrees that if it breaches any term in this agreement or dispute policy, then registrar may notify the registrant of the breach. If the registrant fails to provide a satisfactory explanation to the register, then registrar may deactivate or cancel the domain name.
- Notices All notices that are required to be given under this agreement must be in writing and sent to the address of the owner of the domain name and may be given by e-mail or facsimile if the recipient confirms receipt. Any notice sent shall be deemed to have been received instantly upon transmission or 1 week after posting if sent by mail. Any email sent to the address shall be deemed to have been received by the owner of the domain name.
- Governing law This agreement together with all rights, obligations and all actions contemplated by this agreement shall be governed by the laws of Australia. In particular, the parties submit to the law of Victoria and to the Courts exercising jurisdiction in that State.
- Severance If any part of this agreement is found to be unenforceable, void or invalid, then that part of the agreement shall be served. The severance of the part shall not affect the validity of the remaining parts of the agreement.
- Entire agreement The registrant agrees that this agreement and the dispute policy of ICANN represent the entire agreement between the registrar and the registrant. Together, they supersede all prior agreements, arrangements and undertakings between the parties. This agreement may only be amended in writing agreed between the parties.
- A waiver by The Registrar of a provision or right under this agreement is binding on it only if it is given in writing and signed by the authorised officer of The Registrar granting the waiver.
- A waiver is effective only in the specific instance and for the specific purpose for which it is given.
- Failure by The Registrar to exercise or delay in exercising a right under this agreement does not prevent its exercise or operate as a waiver.
- Relationship The relationship of the parties is that of registrant and registrar and not joint venturers, licensee and licensor, equity partners, principal and agent.
- Further assurance The registrant shall promptly at the request of the other party execute and deliver such further documents and do such further acts as shall be reasonably necessary to give full effect to this agreement and the transactions and conditions contemplated in this agreement.
- Further assurance The registrant shall promptly at the request of the other party execute and deliver such further documents and do such further acts as shall be reasonably necessary to give full effect to this agreement and the transactions and conditions contemplated in this agreement.
Should you seek to register a .BIZ second level domain name, you must contractually agree to the following terms:
- BIZ RESTRICTIONS.
Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS: a. To exchange goods, services, or property of any kind; b. In the ordinary course of trade or business; or c. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business. Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.
- BIZ CERTIFICATION.
As a .biz domain name Registrant, you hereby certify to the best of your knowledge that:
- The registered domain name will be used primarily for bona fide business or commercial purposes and not:
- exclusively for personal use; or
- solely for the purposes of:
- selling, trading or leasing the domain name for compensation, or
- the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/ registrationRestrictions.html The domain name Registrant has the authority to enter into the registration agreement; and The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.
- PROVISION OF REGISTRATION DATA
- Provision of Registration Data. As part of the registration process, you are required to provide the registry operator with certain information and to update this information to keep it current, complete and accurate. This information includes:
- your full name, postal address, e-mail address, voice telephone number, and fax number if available;
- the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation;
- the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name;
- the corresponding names of those nameservers;
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
- the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
- any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Accreditation Agreement (the "ICANN Agreement"), available at ICANN's site.
- Inaccurate or Unreliable Data.
You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to the registry operator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry operator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
- DOMAIN NAME DISPUTE POLICY.
If you reserved or registered a .biz domain name through the registry operator, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
- The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and
- The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
B. Should you seek to register a .INFO second level domain name, you must contractually agree to the following terms:
- The STOP sets forth the terms and conditions in connection with a dispute between a Registrant of a .biz domain name ("Registrant") with any third party (other than registry operator or registrar) over the registration or the use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service is a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.
The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS.
You agree that the registry operator, in its sole discretion, may modify its dispute policy. The registry operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications.
- RESERVATION OF RIGHTS.
The Registrar and the .biz registry operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of The Registrar and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. The Registrar and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
- Registrant consents to the use, copying, distribution, publication, modification, and other processing of the Registrant's Personal Data by the .INFO registry operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract with ICANN, available at http://www.icann.org/tlds/
- Registrant agrees to submit to proceedings under the UDRP Dispute Policy and comply with the requirements set forth by the registry operator for domain names registered during the Sunrise Period (an explanation of which can be found at http://www.afilias.info/faq/sunrise.html), including the mandatory Sunrise Dispute Resolution Policy, available at http://www.afilias.info/faq/sunrise-challenge.html . These policies are subject to modification by the registry operator.
- Registrant agrees to immediately correct and update the registration information for any domain name during its registration term, failure to correct this information shall constitute a breach of this Agreement.
- Registrant acknowledges that the registry operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period (an explanation of which can be found at http://www.afilias.info/faq/start-up.html), including, without limitation: (a) the ability or inability of a Registrant to obtain a domain name during either the Sunrise or Land Rush periods, and (b) the results of any dispute over a domain name registration which is processed during the Sunrise period.
- Registrar and the registry operator expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any applicable dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or the registry operator as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and the registry operator also reserve the right to freeze a domain name during resolution of a dispute.
Summary of Terms and Conditions - Part E
If the Order is a .ASIA domain name, the Registrant, must also agree to the following terms:
Applicable to .asia domain application.
- "Charter Eligibility Declaration Contact" ("CED Contact") is a contact that is designated to make the declaration that it meets the Charter Eligibility Requirement for registering a .ASIA domain name.
- "Charter Eligibility Requirement" means the eligibility requirement set out in the .ASIA Charter, that the Registered Name Holder is required to comply with. The policy for such requirement, the "Charter Eligibility Requirement Policy" is stated on DotAsia's website at http://policies.registry.asia .
- REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief
- You are aware that registering a .ASIA domain name, involves you contracting with the .ASIA Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://policies.registry.asia .
- You are aware that every .ASIA domain name must specify a CED Contact, that is a legal entity or natural person in the DotAsia Community. The DotAsia Community is defined based on the geographical boundaries described by the ICANN Asia / Australia / Pacific region ( http://www.icann.org/montreal/geo-regions-topic.htm) .
- You are aware that in the event you do not have a legal entity or natural person in the DotAsia Community, the Registrar allows you to designate a Registrar-assigned CED Contact, to facilitate your .asia domain name registration.
- You have made known to the Charter Eligibility Declaration Contact (CED Contact), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder's legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited's .ASIA Charter Eligibility Requirement Policy published from time to time. Registered Name Holder acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.
- In the event of a domain name dispute both the CED Contact and the Registrant Contact can be named as the responding party, the CED Contact however is responsible only for acknowledging the dispute proceedings and to refer the case to the Registrant Contact. The Registrant Contact shall remain solely responsible for all operations and liabilities regarding the use of the domain.
- DOMAIN DISPUTE POLICY
You agree to be bound by the current ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP), available at http://www.icann.org/dndr/udrp/policy.htm and ICANN's Charter Eligibility Dispute Resolution Policy (CEDRP), available at http://www.icann.org/udrp/cedrp-policy.html , that are incorporated herein and made a part of this Agreement by reference.